Competence and functions of the organization for security and co-operation in europe. History and legal status of OBS

A. V. Torkunov

This structure, called the Conference on Security and Cooperation in Europe (CSCE) for more than two decades, began to function in 1973 as a diplomatic forum of 35 states. These included almost all European countries as well as the United States and Canada. The uniqueness of the CSCE consisted in the fact that states belonging to different socio-political systems and included in opposing military structures - NATO and the Warsaw Pact Organization (OVD), as well as neutral and non-aligned states were able to organize a constant process of dialogue and negotiations on pressing issues ensuring peace and stability on the continent.

The CSCE's activity resulted in the Final Act adopted in Helsinki in 1975. It defined the principles of relations between states ("Helsinki Decalogue"), and also outlined concrete steps to develop cooperation in a number of areas. The continuation of this line was the meetings of representatives of the CSCE states in Belgrade (1977 - 1978), Madrid (1980-1983), Vienna (1986 - 1989), the organization of scientific (Bonn, 1980) and cultural (Budapest, 1985. ) forums, holding conferences on economic cooperation (Bonn, 1990;), on the human dimension ”CSCE (Copenhagen, 1990; Moscow, 1991), on the Mediterranean (Palma de Mallorca, 1990).

Ensuring military detente on the continent has become an important area of \u200b\u200bthe CSCE's activity. Specific measures to increase mutual trust in the military field were defined by the Helsinki Final Act; their further development and deepening were envisaged by the corresponding documents adopted in Stockholm (1986) and Vienna (1990). Within the framework of the CSCE, negotiations were held on the Treaty on Conventional Armed Forces in Europe (1990), which became a landmark event in strengthening stability on the continent. Consistent with the CSCE commitments for greater openness and transparency military activities States parties signed the Open Skies Treaty (1992).

On the whole, by the turn of the 1980s and 1990s, the CSCE made an extremely important contribution to the stabilization of the situation in the European region and the development of pan-European cooperation. Ending cold war in Europe was largely the result of the activities of the CSCE and objectively placed this structure at the center of the post-confrontational phase of international political development on the continent. The Charter of Paris for a New Europe, adopted at the meeting of the Heads of State and Government of the CSCE countries in 1990, generally proceeded precisely from this vision.

The collapse of the socialist community and then the Soviet Union, as well as the resulting cardinal changes in the European international political landscape, could not but leave a noticeable imprint on the activities of the CSCE. A characteristic feature of the 90s was significant innovations carried out in a number of areas, and at the same time an ongoing debate about the functional purpose of this structure and its role in organizing international life in Europe.

Steps were taken to strengthen the CSCE organizationally and structurally. This was the aim of the above document of the Paris Summit (1990), in 1992. in Helsinki, the document "Challenge of the time of change" and a package of organizational decisions were adopted; in 1994 at the Budapest Summit, it was decided to transform the CSCE from a negotiating forum into a permanent organization and to call it, since 1995, the Organization for Security and Cooperation in Europe (OSCE).

There has been a significant expansion of the circle of OSCE participating States. All post-Soviet states, as well as countries that emerged on the territory of the former Yugoslavia... As a result, 55 states are currently members of the OSCE. This undoubtedly gave the OSCE a more representative character and at the same time became a factor contributing to the integration into the world community of the new states that emerged in the Transcaucasus and Central Asia. However, if earlier these regions were part of the "European space" as part of the Soviet Union, now the countries that have arisen in them are directly represented in the OSCE. Thus, the OSCE area geographically extends far beyond Europe.

The highest structural level in the OSCE is the meeting of Heads of State and Government, convened every two years. The central governing body is the Council of Ministers (composed of foreign ministers), which meets annually in session. The Governing Body (replacing the Committee of Senior Officials) meets periodically at the level of directors of political departments of foreign affairs agencies (this body meets once a year as the Economic Forum). The main body for conducting political consultations and making day-to-day decisions is the Permanent Council, stationed in Vienna and including the permanent representatives of the participating States; it can also be convened in the event of an emergency.

The overall management of the OSCE's operational activities is carried out by the Chairman-in-Office; these functions are performed alternately by the foreign ministers of the member states for one year. The Chairman-in-Office relies on the assistance of the previous and subsequent chairpersons (together they form the institution of the “troika”), can appoint and send personal representatives, initiate the creation of special task forces; he also maintains contacts with the OSCE Parliamentary Assembly. The main official of the organization is the Secretary General, elected for a three-year term by the Council of Ministers and heading the OSCE Secretariat based in Vienna.

In the activities of the OSCE, increased attention has begun to be paid to the problems of international political development in Europe, which are acquiring special significance in the conditions that have arisen after the end of the Cold War. To assist the Council of Ministers, a Conflict Prevention Center based in Vienna has been established, within the framework of which Member States are conducting relevant consultations. The Office for Democratic Institutions and Human Rights (headquartered in Warsaw) promotes cooperation in the human dimension and fosters civil society in new democracies. In 1997, the OSCE introduced the position of Representative on Freedom of the Media. The OSCE Forum for Security Co-operation is a permanent body engaged in new negotiations on arms control, disarmament and confidence and security building.

Special mention should be made of the OSCE's appeal to the problem of conflict situations in the organization's area of \u200b\u200boperation. The statements adopted at the level of heads of state and government or foreign ministers have repeatedly touched upon the conflicts in the former Yugoslavia, Nagorno-Karabakh, Tajikistan, Abkhazia, South Ossetia, Transnistria and other hot spots. However, the adopted declarations and appeals, in terminology often reminiscent of the resolutions of the UN General Assembly, remained, as a rule, without practical consequences. The question of increasing the effectiveness of the OSCE in preventing conflicts and resolving them is one of the most acute in its activities.

This is due to the fact that the OSCE is called upon to become the main instrument for early warning and conflict prevention, crisis management and post-conflict reconstruction in Europe. And one cannot fail to note the achievements of the OSCE in this area. Long-term missions of this organization were sent to Bosnia and Herzegovina, Croatia, Macedonia, Georgia, Moldova, Tajikistan, Estonia, Latvia, Ukraine, with the aim of political monitoring, encouraging contacts between conflicting parties, and promoting the building of democratic institutions; special teams from the OSCE were in Russia (Chechnya), Albania and Belarus. The establishment in the OSCE of the post of the High Commissioner on National Minorities and his activities contributed to a certain relaxation of tensions in a number of potentially conflict situations (for example, in connection with the situation of the Russian-speaking population in some Baltic countries).

Considerable efforts were made by the OSCE to resolve the conflict in Nagorno-Karabakh. Under its auspices, the so-called Minsk Group functions, aimed at working out a solution to this conflict situation. The OSCE Budapest Summit (1994) made a decision to establish, on the basis of a relevant resolution of the Security Council, a multinational peacekeeping force after reaching an agreement between the parties to end the military conflict. It was also decided to develop a plan for the formation and composition of the operational activities of such forces. Realization of this, in fact, would mean a fundamentally new role for the OSCE in the settlement of conflicts.

One of the fundamentally important issues in the OSCE's activities concerns the definition of its future role. There is a general agreement that it will occupy one of the central places in the organization of international political life in Europe. However, in practice, due to the desire of a large group of countries in Central and of Eastern Europeas well as the Baltic states to join NATO and the European Union, there is a tendency to marginalize the role of the OSCE. Attempts initiated by Russian diplomacy to raise the status and real significance of this organization are often viewed only as aimed at opposing it to NATO. The Charter for European Security being developed within the framework of the OSCE could neutralize this tendency and promote a fuller use of the potential of this organization in the interests of strengthening stability on the continent.

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The only exceptions were Albania and Andorra (the latter did not have full sovereignty at the indicated time).

The OSCE has a Central Asian Liaison Office based in Tashkent.

In this regard, the opinion is sometimes expressed that the OSCE has lost its predominantly European purpose and its activities will inevitably become more diffuse. In addition, the significant increase in the number of participants complicates the OSCE policy-making process and makes decisions more difficult, which is often used as an argument against maintaining the rule of consensus.

Such meetings, as noted, took place in 1990 (Paris), 1992. (Helsinki), 1994 (Budapest), 1996 (Lisbon); for 1999 a summit meeting in Istanbul is scheduled.

The decision to create a Parliamentary Assembly was made at the 1990 Paris Summit. Parliamentary Assembly consists of representatives of national parliaments (several MPs from each country) and holds annual sessions in different cities of the member states. It does not have any decision-making powers in the OSCE and serves mainly as a liaison with national legislatures.

The implementation of this decision was blocked as a result of the inability of the conflicting parties to agree on the political principles of the settlement. In 1997 and then in 1998. The OSCE Minsk Group came up with new proposals in this regard.

The Russian Federation views the Organization for Security and Cooperation in Europe (OSCE) as an important element of the modern European security architecture. It is one of the well-established instruments of multilateral diplomacy with a 40-year history, in the formation and development of which Russia took an active part.

On January 6, 1992, officially securing the continuity as a successor state of the USSR in the Conference on Security and Cooperation in Europe (CSCE), Russia reaffirmed its determination to act in accordance with the obligations of the Helsinki Final Act (1975), the Charter of Paris for a New Europe ( 1990), as well as all other documents collectively agreed within the framework of the CSCE.

At present, the OSCE is a permanently operating Organization with a ramified structure, in which Russia is a full-fledged participant and can realize its national interests in the European, Euro-Atlantic and Eurasian spaces. Today, the OSCE unites 57 participating States from North America, Europe and Asia, and is the world's largest regional security organization working to bring peace, democracy and stability to an area of \u200b\u200bover one billion people.

The emergence of the CSCE / OSCE and the Helsinki Final Act

The origins of the OSCE go back to the period of detente in the early seventies of the last century with the establishment of the Conference on Security and Cooperation in Europe (CSCE) as a multilateral mechanism to facilitate dialogue between East and West. The work of the Organization for Security and Cooperation in Europe (OSCE) was based on the Helsinki Final Act of 1975, consolidating the political and territorial results of the Second World War, which affirmed ten principles (Helsinki Decalogue) of relations between states: sovereign equality, respect for the rights inherent in sovereignty ; non-use of force or threat of force; inviolability of borders; territorial integrity; peaceful settlement of disputes; non-interference in internal affairs; respect for human rights and fundamental freedoms; equality and the right of peoples to control their own destiny; cooperation between states; fulfillment of international legal obligations.

In addition, the document included the following basic agreements, divided into three "baskets" - three dimensions of security:

Politico-military dimension - agreeing on a set of confidence-building measures in the military field (preliminary notifications of military exercises, large troop movements, exchange of observers at military exercises on a voluntary basis);

Economic and environmental dimension - analysis of the state and development of recommendations for the development of cooperation in the field of economics, science and technology and environment;

Human Dimension - Political commitment on human rights and fundamental freedoms, including freedom of movement, contact, information, culture and education, and monitoring their implementation in practice.

Thus, the 1975 Helsinki Final Act became a "charter of detente", establishing the principles of relations between the participating states, as well as relations within states. Even without a rigid structure of its own, the Conference on Security and Cooperation in Europe (CSCE) has served the two antagonistic systems as a reliable platform for peaceful cooperation and dialogue. Within the framework of the CSCE, for the first time, confidence and security-building measures were implemented, embodying the principle of security based on cooperation, when the security of one state is inextricably linked with the security of all others.

OSCE structure

The OSCE has developed an effective set of institutions that play an active role in day-to-day efforts to reduce tensions and build confidence among participating States. The Vienna-based Secretariat, the “quiet diplomacy” of the High Commissioner on National Minorities (HCNM), and the multifaceted work of the Office for Democratic Institutions and Human Rights (ODIHR) and the Representative on Freedom of the Media (RFM) provide the OSCE with mechanisms for providing assistance to participating States. Summit (Summit) is a periodically held meeting of the heads of state and government of the OSCE countries.

The Council of Foreign Ministers is an annual (except for the year of summit meetings) meeting of the foreign ministers of the OSCE participating States.

Permanent Council, chaired by the Chairman-in-Office, who has held this post for a year. Conducts political consultations and decisions on a regular basis (meets weekly in Vienna).

Forum for Security Cooperation - regularly discusses arms control and CSBM issues (meets weekly in Vienna).

High Commissioner for National Minorities - deals with early warning of conflicts and urgent action to prevent the escalation of ethnic tensions into conflict. The Commissioner is appointed for a period of three years, which may be renewed for no more than one three-year term.

OSCE Office for Democratic Institutions and Human Rights (ODIHR) - is engaged in ensuring respect for human rights and fundamental freedoms, strengthening and protecting democratic institutions.

The OSCE Parliamentary Assembly is an inter-parliamentary organization uniting the parliaments of 57 states in Europe, Asia and North America.

Representative on Freedom of the Media - Observes developments in the media situation in the 56 OSCE participating States.

OSCE and Conflict Resolution

The end of the Cold War allowed cooperation to replace the confrontation between East and West. However, stability in the OSCE area was once again under threat due to internal armed conflicts that broke out in individual states, and tensions within the countries quickly pushed the contradictions between them into the background. The main task of the CSCE in the 1990s was no longer providing a forum for dialogue between two opposing military alliances, but early warning, conflict prevention, crisis management and post-conflict reconstruction.

Adopted in 1990 Charter for a New Europe, the participating States set a new direction for the OSCE, starting the process of transforming it from a political negotiation mechanism into an organization with a permanent existing institutions, its own field operations and other operational capabilities to address the emerging security needs of the post-Cold War era. In December 1994, by the decision of the Budapest summit, the CSCE was renamed the OSCE - the Organization for Security and Cooperation in Europe (this name has been in effect since January 1, 1995). And along with ongoing work on confidence-building measures and arms control, the OSCE has assumed new roles and expanded mandates for early warning, prevention, conflict resolution and post-conflict reconstruction.

In this vein, the following documents were agreed, defining the powers, instruments and mechanisms of the OSCE and its structures at all stages of the conflict, namely: the Charter of Paris for a New Europe, adopted in 1990; The Prague Document on the Further Development of the Institutions and Structures of the CSCE, adopted in January 1992; The Helsinki Document "On the Challenge of a Time of Change", adopted in July 1992; the document of the Stockholm Ministerial Council, adopted in December 1992; The 1999 Istanbul Charter for European Security; Decision of the Council of Ministers No. 8 of 2002 on the Role of the OSCE Chairman-in-Office; OSCE Strategy to Counter Threats to Security in the 21st Century, 2003; Astana Commemorative Declaration: Towards a Security Community, 2010; and Ministerial Council Resolution 3/11 of 2011 “Elements of the Conflict Cycle Related to Enhancing OSCE Capacities for Early Warning, Urgent Action, Dialogue Facilitation, Mediation Support and Post-Conflict Recovery”. These documents are consistent with UN General Assembly Resolutions A / RES / 65/283 (2011), A / RES / 66/291 (2012) and A / RES / 68/303 (2014) on strengthening the mediation function in the peaceful settlement of disputes, preventing and conflict resolution.

OSCE Mission to Transnistria

The Organization for Security and Cooperation in Europe (OSCE) opened a Mission to Moldova in February 1993. The Mission's mandate at that time was to assist in finding a peaceful solution to the conflict between the country's central government and the Transnistrian region. The Mission is based in Chisinau with an operating branch in Tiraspol and an office in Bender.

The main task of the Mission is to help achieve a long-term, comprehensive political settlement of the Transnistrian conflict; strengthening the independence and sovereignty of Moldova; as well as reaching an agreement on the special status of Transnistria. It is also responsible for providing advice and expertise on human and minority rights and democratic change. The OSCE plays a key role in the negotiation process towards a final, comprehensive and sustainable settlement of the Transnistrian conflict. Since 2005, this process, known as "5 + 2", has included the OSCE, Russia and Ukraine as mediators, and European Union and the United States as observers (negotiations resumed in 2011). The Mission works with both sides to build trust between people living on both sides of the Dniester. The Mission also participates as an observer in the work of the Joint Control Commission, which is the control body of the Joint peacekeeping forces, and is formed from the delegations of the Russian Federation, Moldova and Transnistria, with the participation of Ukraine as an additional observer.

OSCE Mission to Ukraine

On March 21, 2014, the OSCE Permanent Council decided to send a Special Monitoring Mission to Ukraine, consisting of civilian unarmed observers.

The mission was deployed in connection with the appeal of the government of Ukraine to the OSCE and the decision of the OSCE participating States.

The objectives of the Mission are to gather information, report on the security situation and establish facts, in particular about specific incidents and events on the ground. Mission observers communicate with different groups of the population - with representatives of the authorities at all levels, civil society, ethnic and religious groups and local communities.

The Mission has at various times from 500 to 1000 civilian unarmed observers from more than 40 OSCE participating States. The Mission's mandate covers the entire territory of Ukraine. The main office of the Mission is located in Kiev. Observer teams work in 10 largest cities of Ukraine: Dnepropetrovsk, Donetsk, Ivano-Frankovsk, Kiev, Lugansk, Lvov, Odessa, Kharkov, Kherson and Chernivtsi. About 350 observers worked in Donetsk and Luhansk regions.

Russia and OSCE anti-terrorist activities

IN early XXI For centuries, the theme of countering terrorism has been one of the priorities of the OSCE. This topic has been actively promoted by Russia since the second half of the 1990s. and has become firmly entrenched in the Organization's agenda after the September 11, 2001 attacks in the United States. In December 2001, the 9th meeting of the OSCE Council of Foreign Ministers (CFM) was held in Bucharest, at which, largely thanks to Russia's efforts, it was possible to come up with serious documents that laid the foundation for the Organization's work in the anti-terrorist direction.

The 10th OSCE Ministerial Council in Porto (December 6-7, 2002) developed and consolidated the agreements reached in Bucharest. The main guidelines for reforming the Organization were outlined, and the importance of its early adaptation to modern international realities was emphasized. The new, significantly enriched agenda of the OSCE takes into account the Russian emphasis on the balanced development of all three dimensions of the Organization while maintaining the priority importance of the anti-terrorist component.

One of the important stages in the OSCE's activities was the 11th meeting of the Ministerial Council in Maastricht (December 1-2, 2003). The key documents of the meeting were the OSCE Strategy to Counter Threats to Stability and Security in the 21st Century and the Document on the Strategy in the Economic and Environmental Dimension, and in addition, the anti-terrorist vector of the Organization's activities was actively developed. The CFM made decisions to improve the reliability of travel documents and to create the OSCE Counter-Terrorism Network.

In 2005, the OSCE further intensified its work in the anti-terrorist sector. Russia and France jointly initiated the adoption of a Statement by the Ministers of Foreign Affairs of the OSCE participating States in support of the International Convention for the Suppression of Acts of Nuclear Terrorism. Moscow and Washington have launched a joint initiative aimed at countering the threat of terrorists using radioactive sources of increased danger.

Today, the OSCE is carrying out tasks to promote the implementation of existing international legal instruments, encouraging participating States and partners to quickly join and fully implement the universal anti-terrorism conventions and protocols.

The OSCE follows in line with the leading role of the UN in the global efforts to combat terrorism. In its activities, it relies on the resolutions of the Security Council, General Assembly and other UN documents. As for the OSCE's own regulatory framework, it can be divided into two parts: framework and operational. The first includes OSCE documents creating a political framework for anti-terrorist cooperation. The second, operational, part includes decisions of the Ministerial Council, the Permanent Council and the OSCE Forum for Security Co-operation, concerning the practical aspects of anti-terrorist work. The documents adopted at the OSCE summits are of particular importance.

The main forms of OSCE anti-terrorist work are:

Monitoring the implementation by the participating States of international legal and political obligations in the fight against terrorism;

Development of political commitments of the participating states in support of the anti-terrorist activities of the UN and specialized international organizations;

Conducting political conferences, scientific and practical events and training seminars at the pan-European, regional and national levels;

Development and implementation of projects to assist the participating States at their request in specific areas of anti-terrorist activities;

Coordination of anti-terrorist cooperation based on the Cooperative Security Platform (Istanbul, 1999).

Today, the OSCE Secretariat's Anti-Terrorism Unit (ATU) is helping to promote and strengthen the international legal framework for countering terrorism. In collaboration with the United Nations Office on Drugs and Crime (UNODC), the Unit organizes national and subregional seminars to promote the ratification of the universal counter-terrorism conventions and protocols. ATP provides assistance to member countries in drafting legislation that properly spells out the criminal offenses of terrorism. OSCE participating States recognize that counterterrorism activities cannot be effective if they are not based on a strong legal framework. In 2001, they committed themselves to becoming parties to the 12 universal counter-terrorism conventions and protocols that had entered into force by that time. The unit's work today goes beyond promoting their ratification. ATU promotes the reflection of the provisions of the relevant treaties in national law, as required by international law and necessary to ensure effective cooperation.

As the OSCE Counter-Terrorism Coordination Center, the ATU actively promotes stakeholder discussions aimed at identifying best practices and possible further actions to combat extreme forms of extremism and radicalization that could lead to terrorist attacks.

The development of this dimension of the Organization's activities meets Russian security interests. Russia actively and proactively participates both in the OSCE rule-making work and in practical anti-terrorist activities.

Reforming the OSCE

The result of many years of OSCE activity is the emergence of a rather unique regional organization. Today the OSCE is neither a military alliance nor an economic alliance. It is an association of states and their peoples, united with the participation of Mediterranean and Asian cooperation partners for the common goal of creating a democratic, integrated continent free from war and conflict, where freedom, prosperity and security will be ensured for all inhabitants together and individually.

Today the OSCE is the broadest forum in its composition, covering both the transatlantic and Eurasian spaces. All major interests and states are represented in the OSCE, the principle of equality of which is enshrined in the rule of consensus when making decisions.

At the same time, many analysts assess the current situation in the OSCE as ambiguous, and now there are active discussions on reforming the Organization. Russia is also in favor of a reform of the OSCE that would simultaneously solidify the new political agenda of the Organization and properly restructure it. In accordance with the decision of the Sofia Ministerial Council of Foreign Ministers, a “Group of Wise Men” was created to improve the effectiveness of the OSCE, which included Russian representatives.

In 2013, a draft concept for a new agreement was proposed, which was named "Helsinki Plus 40". However, from the very beginning, the participants could not agree on the main components of the document. Thus, Russia opposed the revision basic principles Helsinki Act and insists only on their actualization. The Russian Foreign Ministry stresses the need to preserve the OSCE.

In December 2014, diplomats agreed to continue the Helsinki Plus 40 process. In January 2015, a special expert body was created, which was named "Group of Wise Men". Its work should contribute to constructive dialogue on security issues, as well as the restoration of confidence in the Euro-Atlantic and Eurasian regions and the strengthening of OSCE commitments.

Notes:

1. Austria, Azerbaijan, Albania, Andorra, Armenia, Belarus, Belgium, Bulgaria, Bosnia and Herzegovina, The former Yugoslav Republic of Macedonia, Hungary, Germany, Greece, Georgia, Denmark, Ireland, Iceland, Spain, Italy, Kazakhstan, Canada, Cyprus , Kyrgyzstan, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Mongolia, Netherlands, Norway, Poland, Portugal, Russian Federation, Romania, San Marino, Holy See, Serbia, Slovakia, Slovenia, United Kingdom, United States America, Tajikistan, Turkmenistan, Turkey, Uzbekistan, Ukraine, Finland, France, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia.

2. Such documents include: Strategy to counter threats to security and stability in the 21st century (Maastricht, 2003), Action Plan to Combat Terrorism (Bucharest, 2001), Charter for European Security (Istanbul, 1999).

3. The CFM approved a number of important decisions in the military-political field that correspond to Russian interests (on the destruction of surplus conventional ammunition; on strengthening control over the proliferation of portable anti-aircraft missile systems (MANPADS); Best Practice Guidelines for Lung and small arms) and the humanitarian dimension (on combating human trafficking; creating a climate of tolerance, combating manifestations of racism, xenophobia and discrimination; improving electoral standards that are of equal importance for all participating states).

Over the twenty years of its existence, the Conference on Security and Cooperation in Europe (CSCE) as an international legal institution from an international conference - a mechanism of multilateral interstate negotiations and consultations held in the form of regular meetings - has evolved to an international organization - the Organization for Security and Cooperation in Europe ( OSCE).

how international Conference The CSCE was conducted in accordance with the rules traditionally established in the practice of such meetings, as well as its own rules of procedure. Important elements of this procedure were the following provisions: The meeting is held "outside military alliances"; states participate in the Conference “in full equality”; decisions of the Meeting are taken on the basis of consensus, which is defined “as the absence of any objection whatsoever expressed by any representative and put forward by him as representing an obstacle to a decision on the issue under consideration”.

Initially, 35 states were represented at the Meeting, including 33 European, as well as the USA and Canada.

As a result of the summit in Helsinki on July 30 - August 1, 1975, the Heads of State and Government signed the Final Act, which includes a preamble and five sections: "Questions Relating to Security in Europe", "Cooperation in the Field of Economics, Science and Technology and environment "," Questions related to security and cooperation in the Mediterranean "," Cooperation in humanitarian and other fields "," Next steps after the meeting ".

The most important part of the first section was the "Declaration of principles by which the participating states will be guided in mutual relations", in which the well-known principles of the UN Charter were reproduced and concretized; at the same time, norms on the inviolability of borders, on the territorial integrity of states, on respect for human rights and fundamental freedoms have been raised to the rank of principles, and provisions have been formulated that determine their content.

This characterizes the Final Act as a source of international law.

In addition, it contains new norms for international law on confidence-building measures, which include preliminary notifications of military exercises and troop movements, invitation of observers, exchange of military personnel, including visits by military delegations.

Other sections provide recommendations on coordinated actions in various areas of cooperation, including legally significant provisions governing contacts between people, including family reunification and marriages between citizens of different states, the procedure for disseminating and exchanging information, cooperation and exchanges in the field of culture, education.

The participating States declared their determination “to take due account of and implement the provisions of the Final Act of the Meeting” and “to continue the multilateral process initiated by the Meeting”, in particular by holding new meetings at various levels. These include the 1980-1983 Madrid meeting, the 1984-1986 Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe, the 1986-1989 Vienna Meeting, the Paris Summit in November 1990. , in Helsinki in July 1992 and in Budapest in December 1994, in Lisbon in 1996. Within the framework of the Conference, three meetings of the so-called Conference on the Human Dimension of the CSCE (including in Moscow in 1991) were held, several meetings experts in the peaceful settlement of disputes.

The Act "Charter of Paris for a New Europe" signed as a result of the meeting in Paris on November 21, 1990, developing its provisions, the document of the meeting in Helsinki "Challenge of the time of change" of July 10, 1992 and adopted at the meeting in Prague on January 30-31, 1992 . document about further development institutions and structures of the CSCE marked a fundamentally new stage in the status and activities of the CSCE.

In the Helsinki Document, the heads of state stated that they view the CSCE "as a regional agreement in the sense that it is stated in Chapter VIII of the Charter of the United Nations." This status was recognized by the UN General Assembly, which at its 48th session in 1993 granted the CSCE official observer status at the UN.

The package of documents adopted at the meeting of the heads of state and government in Budapest on December 5-6, 1994 - the Political Declaration "Towards a True Partnership in new era"and the Budapest decisions (including" Strengthening the CSCE "," Code of Conduct Concerning Politico-Military Aspects of Security "," Human Dimension "," Economic Dimension ") - represent the legal basis for the transition to a new stage of the CSCE as an international organization. The term " regional organization"it is not applied in official documents; however, as stated in one of the decisions of the Budapest meeting, the participating States will deepen cooperation" as participants in a regional agreement in the sense as defined in Chapter VIII of the UN Charter. " From January 1, 1995, the CSCE was renamed the OSCE - the Organization for Security and Cooperation in Europe, the level and powers of the bodies were increased.However, the document "Strengthening the CSCE" made the following comment:

"Renaming the CSCE to the OSCE does not change the nature of our CSCE commitments, nor the status of the CSCE and its institutions." Such a statement obviously means continuity. The OSCE does not yet have an integral constituent act. We can say that his role is temporarily performed by the documents of the Paris (1990), Helsinki (1992) and Budapest (1994) meetings.

The OSCE structure is in its infancy.

Council of Ministers (formerly the Council) is characterized as the central governing body responsible for making decisions. It meets at the level of foreign ministers and appoints a country, whose representative will serve as the OSCE Chairman-in-Office for a year. Within the Council, a kind of formation called the Troika is envisaged: it includes the current chairman, the minister who performed this function in the previous year, and the minister who will become the acting chairman next year. ...

Governing body replaced the Committee of Senior Officials, which had existed for several years, which carried out such duties as preparing the meetings of the Council, implementing its decisions, coordinating the activities of subsidiary bodies. His competence also included consideration of issues in the event of critical situations and the use of the mechanism for a peaceful settlement, and, if necessary, making decisions on the conduct of CSCE peacekeeping operations. Obviously, the Governing Body has a similar role to play. As stated in the decision of the Budapest meeting, it "will discuss and formulate guidelines of a political and general budgetary nature" and will also convene as an Economic Forum. The meeting of this Council at the level of responsible officials of the ministries of foreign affairs is held in Prague at least twice a year.

Permanent Council (formerly the Standing Committee) is defined as the main body for political consultation and day-to-day decision-making, as well as for dealing with emergencies. It is composed of the permanent representatives of the participating States. The meetings are held in Vienna.

Secretariat provides organizational and technical services for the meetings of these main bodies, manages documentation and archives, publishes documents. The Secretary General, whose office was established in 1992, participates in the coordination of the activities of various bodies, assists the Chairman-in-Office, and takes part in Troika meetings at the ministerial level.

The OSCE also includes the Office for Democratic Institutions and Human Rights, the Office of the High Commissioner for National Minorities, and the Parliamentary Assembly.

European Union

This organization of Western countries acquired this name in 1993, having passed a long way of development and reorganization of European communities.

The European Communities (EU) brought together three international organizations: the European Coal and Steel Community (ECSC), the European Community for atomic energy (Euratom), European Economic Community (EEC).

The dominant position in terms of its functions and real significance was occupied by the EEC, whose task was to form a common market by gradually abolishing customs duties and quantitative restrictions on the import and export of goods, free movement of labor, capital and services, and coordination of economic, social, monetary and investment policies.

In 1965, an agreement on the merger of the communities was signed and unified governing and executive bodies were created.

The initial members of the communities were six states - France, Italy, Germany, Belgium, the Netherlands, Luxembourg, in subsequent years Denmark, Ireland, Great Britain, Greece, Portugal, Spain, Austria, Finland, Sweden entered.

The European Communities (the name in the singular "European Community" was often used) became an important factor not only in European, but also in global international relations. Initially, the EU's core competence extended to trade, agriculture and competition regulation. A major revision of the original Treaty of Rome was undertaken in 1986 with the adoption of the Single European Act, which stimulated two important processes: the development, along with economic integration, of political cooperation and common foreign policy, and the introduction of the qualified majority principle (rather than unanimity) in the adoption of EU acts. Gradually, the law of the European Communities has developed as an independent legal system.

The long process of improving the European Communities ended with the signing on February 7, 1992 of the Treaty on the European Union (Maastricht, the Netherlands). By October 1993, all member states had ratified it. On November 1, 1993, the Treaty entered into force, the European Union acquired its legal status (the name "European Communities" is retained).

The EU has become the largest integration association with virtually no analogues. It is an international organization, but what distinguishes the Union from existing organizations is that it has become not a coordinating, but a supranational organization: EU law has precedence over national law, and its subjects are not only states, but also physical and legal entities; the decisions of the Union have direct effect on the territory of the member states; his government is independent of the states, the employees of the EU and the members of the European Parliament do not represent states, but peoples; the possibility of the Union's independent expansion of the powers of its bodies is assumed.

The member states sacrificed part of their sovereign rights to create supranational structures and powers, rose to a new level of cooperation: from coordination of actions to a common common policy. The key points of the new EU strategy are the construction of an economic and monetary union, a common foreign policy and defense, cooperation in the field of justice and home affairs, and the establishment of a single citizenship.

The creation of an economic and monetary union goes through three stages. At the first stage (even before the signing of the Maastricht Treaty), the liberalization of the movement of capital within the Union, the completion of the formation of a single market, and the development of measures to bring macroeconomic indicators closer together should be ensured. On the second (until the end of 1998) - the establishment of the European Monetary Institute, the development of the base European system central banks, led by the European Central Bank (ECB), preparing for the introduction of a single currency - the euro, a common economic policy by defining "basic benchmarks" and the implementation of multilateral monitoring of their observance. The third stage should be completed by mid-2002 with the beginning of the ECB's functioning, the implementation of a single monetary policy, the introduction of the European currency into non-cash, and then into cash circulation.

The political union encompasses general foreign policy and security, justice and internal affairs. Politics and security are aimed at ensuring the common European values \u200b\u200band fundamental interests of the EU through the coordination of positions and joint actions, including military ones. Justice and home affairs cover a wide range of issues from the right to movement, the introduction of uniform passports to the cooperation of courts in criminal matters.

The agreement provides for the introduction of a single EU citizenship, which is also unknown, not a single international organization. This is accompanied by the consolidation of some political rights, in particular electoral ones. Every citizen residing in another member state of the Union has the right to elect and be elected in municipal elections and elections to the European Parliament.

The bodies of the EU are the European Council, the Council of Ministers, the Commission, the European Parliament, the Court.

European Council - the supreme body of the Union - is a periodic meeting of the heads of state and government, at which the general principles of the Union's policy are agreed. Council of Ministers - these are monthly meetings of ministers on relevant issues (separately - ministers of foreign affairs, economy and finance, agriculture). EU Commission - the main executive permanent body of the Union, coordinating and monitoring the implementation of EU policies, with the right to issue binding directives. The Chairman of the Commission and its members have a 4-year term of office. The apparatus includes 23 general directorates, which are, as it were, small ministries. European Parliamentincludes 518 deputies, directly elected by the entire adult population of the EU countries for 5 years. Previously, the parliament was an advisory body, now it is endowed with real legislative and control powers and is connected to participation in decision-making in such important areas as legislative, financial, and foreign policy. Among the new functions are the appointment of an ombudsman, the acceptance of petitions, the creation of committees of inquiry.

EU Court (13 judges and 6 advocates general) has the power of the supreme judicial power in the area of \u200b\u200bEU jurisdiction. It is empowered to assess the legitimacy of the actions of the institutions of the Union and the governments of the member states in the interpretation and implementation of the treaty norms of the Union. The court resolves disputes (in specific cases) between the EU member states and between them and EU bodies. He is also competent in the field of legal assessment of acts of EU bodies.

The European Union is an independent subject of international law. It develops broad international relations with other organizations, with states, is a party to agreements, has over 100 foreign representations, including in the Russian Federation. On June 24, 1994, a Partnership and Cooperation Agreement was signed on the island of Corfu, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their member states, on the other.

Council of Europe

The Council of Europe as a regional international organization has existed since 1949. It was established by ten Western European states, and now it covers almost the entire European space. 40 states are members of the Council of Europe, including the Russian Federation since February 28, 1996.

The founding documents of this organization are the Statute of the Council of Europe dated May 5, 1949 and the General Agreement on Privileges and Immunities of the Council of Europe dated September 2, 1949.

Russia's accession to the Council of Europe was preceded by certain measures, which included both the accession of the Russian Federation to a number of European conventions, which did not stipulate participation in them with membership in the Council of Europe, and a set of measures approved by the decree of the President of the Russian Federation of February 13, 1996. A few days earlier, 25 January 1996, the Parliamentary Assembly of the Council of Europe considered the application of Russia, submitted on May 7, 1992, recommended to the Committee of Ministers to invite the Russian Federation to become a member of the Council of Europe, accompanying the invitation, formulated in the form of Conclusion No. 193 (1996), with wishes in the form of 25 points , which were designated as obligations assumed by Russia. The procedure for the accession of the Russian Federation to the Statute of the Council of Europe and to the General Agreement on Privileges and Immunities of the Council of Europe took only 4 days: the corresponding federal laws on accession were adopted The State Duma February 21, approved by the Federation Council on February 22, signed by the President of the Russian Federation on February 23, entered into force on February 24, 1996.

The official reception at the ceremony in Strasbourg on February 28, 1996 was accompanied by the signing on behalf of the Russian Federation of a number of European conventions.

According to the Charter, "the aim of the Council of Europe is to achieve greater unity among its members in the name of protecting and realizing the ideals and principles that are their common heritage, and to promote their economic and social progress" (Art. 1). In accordance with Art. 3 each member of the Council must recognize the rule of law and ensure that all persons under its jurisdiction enjoy the rights and fundamental freedoms.

Cooperation to achieve this goal includes the conclusion and implementation of conventions, protocols and agreements, the number of which has reached 170. Traditionally, they are called European conventions, which are devoted to human rights, education, culture, health, social security, sports, civil, environmental, administrative law, criminal law and process. Among them, the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), together with eleven protocols supplementing or amending its individual provisions, the European Social Charter (1961, revised in 1996), the European Convention on Nationality (1998 g.), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), Framework Convention for the Protection of National Minorities (1995), European Charter of Local Self-Government (1985), a number of acts of criminal law and of a procedural nature - on extradition (1957), on mutual assistance in criminal cases (1959), on the transfer of criminal proceedings (1972), on the transfer of convicted persons (1983), on compensation for victims of violent crimes (1983), on the laundering, identification, seizure and confiscation of proceeds of crime (1990) *.

* For texts of a number of conventions and survey materials, see: Law of the Council of Europe and Russia (collection of documents and materials). Krasnodar, 1986; Russian law journal. 1997. № 1, 3.

Bodies of the Council of Europe:

Committee of Ministers, composed of the foreign ministers of the member states or other members of governments. The Committee adopts opinions on the issues under consideration in the form of recommendations to governments. On certain issues, its decisions are binding.

Parliamentary Assembly *, including representatives of each member state, elected (appointed) from the composition of its parliament. Various representations are provided: from Germany, Great Britain, France, Italy, Russia - 18 each, from Spain, Turkey, Ukraine - 12 each, from Greece, Belgium and others - 7 each, from Austria, Bulgaria, etc. - 6 each, from the rest - 5, 4, 3, 2 representatives. The Assembly is an advisory body that makes recommendations to the Committee of Ministers.

* Originally called the Consultative Assembly.

Congress of Local and Regional Authorities of Europe, representing the relevant authorities of the member states and including delegations from territorial entities (according to quotas established for the Parliamentary Assembly). His work takes place in the chamber of local authorities and the chamber of regions.

Secretariat, which is the administrative body of the Council of Europe and is headed by the Secretary General (elected by the Parliamentary Assembly for 5 years).

The Convention for the Protection of Human Rights and Fundamental Freedoms provided for the creation of two special bodies - the European Commission on Human Rights and the European Court of Human Rights. All Council of Europe member states were represented on both the Commission and the Court. Protocol No. 11 to the Convention has reorganized - replacing the Commission and the Court with a single permanent body - the European Court of Human Rights (see § 6 Chapter 10).

The headquarters of the Council of Europe is located in Strasbourg (France). The Permanent Mission of the Russian Federation is accredited at the headquarters. The official languages \u200b\u200bare English and French. A translation of a convention or other document into a language not recognized as an official one is called a version (for example, a translation into Russian is a Russian version). However, in relation to a text that has passed the procedure of ratification in the supreme body of the state and is published in an official publication, the term "official translation" is used. Such an explanation is given when the Statute of the Council of Europe, the General Agreement on the Privileges and Immunities of the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts are published in the Collection of Legislation of the Russian Federation.

The Interdepartmental Commission of the Russian Federation for Council of Europe Affairs was established as a coordinating body.

Formation history.The OSCE was formed in the course of a political process aimed at the formation of a European security system, which began in the 1970s. Throughout its long history, Europe has been the arena of military confrontation between the states located in it. The achievement of pan-European agreements on the development of cooperation between all states of the region and the creation of a system of pan-European security became possible thanks to the improvement of relations between the East and the West, called the "policy of detente."

On the initiative of the Department of Internal Affairs, which found understanding among others european countries, as well as the support of the United States and Canada, it was decided to hold a pan-European conference in order to finally stabilize the territorial changes that occurred as a result of the Second World War. Three preparatory meetings were held: in Helsinki (July 3-7, 1973) - at the level of foreign ministers, in Geneva (September 18, 1973 - July 21, 1975) - with the participation of delegations of the participating States and in Helsinki (30 July - August 1, 1975), which ended with the signing of the Final Act by the heads of state or government of the states participating in it; the last, third meeting was named the Conference on Security and Cooperation in Europe. The meeting became the most representative in the history of Europe after the Second World War and had a huge international significance... Thirty years after the end of World War II, European states were able to summarize its political results and lay the foundation for future cooperation.

Over the next 15 years, in the framework of the Helsinki process of pan-European cooperation, various meetings and negotiations were held aimed at the implementation of the Helsinki agreements. The end of the Cold War was marked by efforts to institutionalize the Helsinki process, which culminated in the creation of the OSCE.

By its very nature, the Helsinki process had political character, the conference form of organizing interstate interaction corresponded to the level of relations between European states achieved at that time. Initially, the initiators and all participants in the process did not set the task of creating a pan-European MM PO, which was determined by a number of military-political and other factors that determine the policy of interested states. After the summit meeting in Budapest in 1994, the pan-European political process began to gradually fill with legal content, indicating the transformation of the CSCE into an MMPO.

Basic principles and objectives of the Helsinki process, the nature of its constituent act.The adoption of the Final Act of the CSCE pursued several major political goals, the most significant of which was the final settlement of all controversial issues of political relations between European states that remained after the Second World War. A special role in this was assigned to the consolidation of the international legal foundations of security and cooperation of European states, which was done in the Declaration of Principles of the Helsinki Act. The Declaration reaffirmed the most important fundamental principles international law.

The scientific literature notes the complex nature of the CSCE Final Act. Its structure testifies to the desire to regulate a wide range of relations between the signatory states. It consists of a preamble and five sections, including, in addition to the declaration of principles governing the mutual relations of the participating States, a set of agreements related to ensuring security, disarmament and strengthening confidence-building measures in Europe, measures to develop economic, scientific and technological cooperation and cooperation in environmental and humanitarian spheres, as well as a number of other topics.

The question of the legal significance of the Final Act remains controversial. Some lawyers proposed to consider it as an international agreement, but at the same time did not recognize in it an international treaty in the sense that is attached to it by the Vienna Convention on the Law of Treaties of 1969. As a consequence, they denied the legal nature of the obligations arising from the act, recognizing them only moral or political significance. Supporters of the recognition of the Helsinki Act as a source of “soft law” took a similar position.

Others have considered the Final Act and the Charter of Paris for a New Europe as treaties sui generis.They were joined by those who, without denying the political nature of the obligations contained in the act, emphasized the unique character of this document, the impact of which on European development exceeded many times the significance of most legally binding treaties.

The question of the legal character of the Final Act should not obscure its truly unique character and great political significance both for Europe and for international peace and safety in general. As for the definition of its legal form, there is reason to assert: the participating States deliberately tried not to clothe it in the form of an international treaty. So, according to the Final Act, it is not subject to registration on the basis of Art. 102 of the UN Charter, provided for by international treaties. Apparently this is not accidental, because political commitments under the Final Act overlap with the UN's competence in maintaining international peace and security. In the preamble to the Final Act, specific proposals of the main body are referred to as recommendations. All this allows us to assert that the Final Act is not an international treaty in the generally accepted sense.

Legal status, organizational structure and participation in the OSCE.For a long time, the CSCE was a cycle of pan-European conferences and meetings that could not be attributed to any specific type of international organization. Since the 1990s. the process of institutionalization of the CSCE and its transformation into the OSCE is gradually developing, which may lead in the future to the formation of an international regional organization.

The international legal basis for the OSCE is a number of documents, but there is still no single OSCE charter (constituent) act. The OSCE's statutory documents include the 1975 Final Act and the Charter of Paris for a New Europe.

• 1990, which proclaimed the OSCE a regional body in the sense of Ch. VIII of the UN Charter. The Charter defines the framework of institutions and structures, which was further clarified at the meetings of the Council in Berlin in
• 1991, Prague in 1992, Stockholm in 1992, Rome in 1993, in the 1992 Declaration of Helsinki, the Budapest document “Towards a true partnership in new era»1994

Since the signing of the Final Act of 1975, the number of members of the organization has grown from 35 to 57. In addition, the so-called associated states of the Mediterranean cooperate with the OSCE: Algeria, Egypt, Israel, Jordan, Morocco, Tunisia, as well as other countries such as Japan. Republic of Korea, Thailand, Afghanistan and Mongolia.

IN structure of the OSCE several types of bodies can be distinguished: main bodies (summit meetings, Council of Foreign Ministers, Permanent Council, Forum for Security and Cooperation); functional bodies (OSCE Chairperson, Troika, Parliamentary Assembly, etc.); adjoining bodies to the OSCE (Court of Conciliation and Arbitration, Joint Consultative Group and Open Skies Consultative Commission).

Main organs are characterized as follows.

Meeting of Heads of State and Government - the highest political body of the OSCE (meetings are held at least once every two years) - discusses the most important pan-European problems, makes decisions, determines priorities and develops the main directions of the organization's activities.

Council of Foreign Ministers - central executive and administrative body - meets regularly at least once a year as a central forum for political consultations and assessment of all issues of OSCE activities, as well as for making decisions on them. It shall take all necessary measures to implement all decisions of the Meetings of Heads of State and Government and to study any appropriate measures to strengthen security and cooperation in Europe.

The participating States may convene meetings of ministers in charge of other matters in the form branch Councils.

OSCE Standing Committee Composed of representatives of Member States, the Committee meets weekly in Vienna for political consultation and policy-making.

Forum for Security and Cooperation holds weekly meetings in Vienna to discuss and make decisions on issues related to military aspects of security in the OSCE area of \u200b\u200bactivity, in particular confidence and security measures.

Functional organs OSCE:

• 1) the highest official - the OSCE Chairman. This is the foreign minister of the country that hosted the last meeting of the Council;
• 2) the High Commissioner for National Minorities;
• 3) Bureau for Democratic Institutions and Human Rights;
• 4) OSCE Representative on Freedom of the Media;
• 5) the Parliamentary Assembly, created to promote inter-parliamentary dialogue, which is an important aspect of efforts to promote democracy in the OSCE area of \u200b\u200baction;
• 6) OSCE Secretariat - located in Vienna, assistance in its work is provided by the Office located in Prague. The Secretariat administers the Council and the Committee and maintains an archive of OSCE documentation. The Secretariat was reorganized in 2000, now it consists of three departments: the Conflict Prevention Center (CPC), which includes an external operations department, a team of experts for assistance and operational cooperation, a department of human resources and a department of management and finance. ... On the basis of the Paris Charter, the Bureau for Free Elections was also formed to facilitate contacts and exchange of information on elections in the participating States.

The main areas of OSCE activity:

• 1) military-political issues, including European security and disarmament, peaceful settlement of disputes between European states;
• 2) development economic cooperation and cooperation in environmental matters;
• 3) actions in the sphere of the human dimension.

OSCE activities in politico-military issues generally

contributed to strengthening the international legal foundations of security in Europe. The most important achievement in this area is the establishment of an international legal regime for the peaceful settlement of disputes within the OSCE, based on the Regulations on the OSCE Reconciliation Commission, the OSCE Conciliation and Arbitration Convention and the Regulations on Prescribed Conciliation.

The next important element of European security is the formation of a system confidence and security measures, and limitation of conventional weapons (for more details on this area of \u200b\u200bOSCE activity, see Chapter 24 of this textbook).

Objectives early warning of conflicts, crisis management and post-conflict recovery are entrusted to peacekeeping operations and OSCE missions, whose mandates may include a wide range of tasks, from mediating international disputes to post-conflict rehabilitation of the host State's infrastructure.

Questions economic cooperation within the OSCE from the very beginning were inextricably linked with the problems of ensuring environmental protection. The basic principles and directions of economic and environmental cooperation, which were initially enshrined in the 1975 Helsinki Final Act, were subsequently developed in the activities of the OSCE. In particular, the commitment of the participating States to the principles of a market economy was expressed, it was proposed to focus efforts on providing all-round support to countries in a transitional stage of their activities to create the foundations of a civilized market economy and integrate into the world economic system.

An important area of \u200b\u200bOSCE activity is cooperation on the human dimension - an important component of a comprehensive approach to European security. Within the framework of the CSCE, three conferences on the human dimension were held: the Paris in 1989, the Copenhagen in 1990 and the Moscow in 1991.

The institution of the High Commissioner for National Minorities was established to promote cooperation on human rights. In 1997, the post of OSCE Special Representative on Freedom of the Media was created, who oversees the development of the media in all OSCE participating States.